Hewitsons advises businesses to provide risk assessments for pregnant employees

Employers are advised to provide adequate risk assessments for pregnant employees to avoid potentially costly and embarrassing sex discrimination cases.

Gemma Burnham, a solicitor in Hewitsons’ Northampton employment team, said a recent judgement has provided clarification for employers in regards to conducting risk assessments for pregnant employees.

The case of O’Neill v Buckinghamshire County Council rejected Mrs O’Neill’s claims that by failing to carry out a risk assessment the Council had discriminated against her because of her sex. It highlighted that there is no general requirement on an employer to carry out a risk assessment for a pregnant worker unless:

1.     the employee notifies the employer in writing that she is pregnant

2.     the work that the employee undertakes is of a kind which could involve a risk of harm or danger to the health and safety of a new expectant mother

3.     the risks involved arises from processes, working conditions or physical biological chemical agents in the workplace, as set out under the Pregnant Workers Directive

Gemma said: “This case provides useful guidance as to what an employer is required to do in relation to risk assessments for pregnant employees. However, employers need to remain alert and if the duty to undertake a risk assessment of a pregnant employee arises, failure to do so could amount to sex discrimination. Employers should therefore carry out such an assessment carefully to ensure that they fully satisfy their obligations.”

All employers have a duty to protect the health and safety of their employees and are obliged by the Management of Health and Safety at Work Regulations 1999 to make suitable and sufficient risk assessments to which employees are exposed to while at work.

For more information contact Gemma on 01604 233233 or email her here.